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2021 Supreme(Ker) 864

A.MUHAMED MUSTAQUE, K.BABU
Arthur Zacharia S/o G. D. Zacharia – Appellant
Versus
P. M. Mary W/o Arthu Zacharia – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. G. Biju, Sri. V.A. Vinod.
For the Respondent: Smt. R. Priya, Smt. M.S. Subeena, Sri. M.B. Sandeep, Sri. B. Surjith.

JUDGMENT :

K. BABU, J.

1. This appeal arises from the order dated 10.09.2015 passed by the Family Court, Thodupuzha in O.P. No. 320 of 2014. The petitioner who lost his case in the Court below is the appellant.

2. The appellant/petitioner instituted the original petition for a declaration that he has exclusive right over ‘A’ schedule property and for other ancillary reliefs.

3. The facts giving rise to this appeal are as follows:

    3.1 The petitioner is the husband of the respondent. Their marriage was solemnized on 12.02.1990 as per Christian Religious Rites and Customs. Before the marriage, the petitioner had entered into an agreement for sale in respect of ‘A’ schedule property having an extent of 89 Ares comprised in Sy. No. 185/1 of Wagamon Village with one K.C. Antony. The petitioner paid the entire sale consideration and cleared all liabilities over the property. The possession of the property was handed over to the petitioner on the date of execution of the agreement for sale itself. Even though the agreement was executed in the year 1989, the registration of the sale deed in respect of the property was done only in the year 2003 as per sale-deed No. 3053 of 2003. In view of the d

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